A Cavan father-of-four who killed his wife of 33 years at their home has been jailed for 12 years.
Oliver Kierans (57), of Drumbannon, Bailieborough, Co Cavan, had pleaded not guilty to murdering Patricia Kierans (54), on September 5th, 2013, at the same address.
A majority verdict of not guilty of murder but guilty of manslaughter was reached after more than 15 hours of deliberations.
He was found guilty of the possession of a 12-gauge double-barrel shotgun and guilty of possession with intent to endanger life last February.
Ms Kierans died of a shotgun injury to the chest after being shot at quite close range. The court heard she died of the very serious wound she sustained.
The two-and-a-half week trial heard Ms Kierans had moved out of the family home in June 2013.
The jury was told this did not sit well with the accused, who had not long beforehand begun drinking again after a period of abstention.
The Central Criminal Court heard that, of the couple's four children, three have moved to Australia, along with six of their 10 grandchildren.
In his testimony on February 19th, Kierans described a “fixation” his wife had that he was having an affair.
Shotgun wound
The court heard she died of the very serious shotgun blast wound she sustained.
It is the State’s case that after the shooting, Kierans went to The Square bar in Bailieborough, where a “siege” took place. Gardaí found him in possession of a sawn-off shotgun.
During the trial, the jury was shown CCTV footage in which a man identified as Oliver Kierans is seen pointing a double-barrel shotgun at a man identified as a local garda, Tommy Fay.
In separate CCTV footage from the morning of September 5th, a man identified by gardaí as Oliver Kierans was seen by the jury entering Clarkes shop in Bailieborough to purchase two naggins of whiskey.
State Pathologist Prof Marie Cassidy gave evidence that the cause of death was a shotgun injury to the chest.
Prof Cassidy concluded the cause of death was a shotgun injury to the chest, and that the weapon could have been fired from a distance of 1.2m (4ft). She said the injuries were of such severity that death would have been almost immediate.
Ms Justice Aileen Donnelly said on Monday that it is "tragic" that Kierans caused the death of Ms Kierans.
“It is tragic that the defendant caused the death of Patricia Kierans. She took great care of her children,” said Ms Justice Donnelly.
“This tragedy was brought about by the criminal act of the defendant.
‘Gross negligence’
“I agree with the jury that the correct interpretation is manslaughter through gross negligence,” she continued.
“Regarding the offences of possession of a sawn-off shotgun, he was also convicted of unlawful possession and possession with intent to endanger life,” she said.
“Oliver and Pat met as teenagers - at the time of the death of Patricia, they had been married 33 years.
“In spring-early summer of 2013, unhappy differences arose in the relationship.
“Mrs Kierans moved out of the family home and in with her sister and did not have contact with Mr Kierans over the summer - she began a new relationship,” she said.
Text messages
“Mr Kierans sent a number of text messages asking her to reconsider. At 7.30am [September 5th 2013], he went to a shop and bought two naggins of whiskey.
“Oliver Kierans drove to where Patricia Kierans’s car was parked. Mrs Kierans got into the car on the driver side and Mr Kierans on the passenger side and drove to family home,” she said.
“It appears they both went into the house and upstairs to a bedroom.
“It is the evidence of Mr Kierans that he picked up his firearm with the intention to taking his own life and the firearm discharged in direction of Patricia Kierans.”
Speaking outside court, solicitor Cahir O’Higgins said the outcome was not a happy one for the Kierans family.
“On behalf of the family, I would like to say that while they are pleased he was acquitted of the murder charge, this isn’t a happy outcome,” he said.
“It is a tragedy for two families. While they celebrate that aspect, they are grieving. There are two tragedies.”
Ms Justice Aileen Donnelly sentenced Kierans to nine years for manslaughter, eight years for unlawful possession of a firearm and 12 years for possession with intent to endanger life, with the sentences to run concurrently.